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(영문) 인천지방법원 부천지원 2021.03.10 2020고단3368

아동ㆍ청소년의성보호에관한법률위반(성매수등)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 20, 2020, the Defendant provided KRW 1 million in return for sex relations with the knowledge that it is a juvenile of KRW 1,00,00,00 in a place where the location of around 17:0 cannot be known.

“At the following day, I proposed that I would like to enter the above B and C into a hotel E heading in Seo-gu, Busan Metropolitan City, Seoyang-gu, Busan Metropolitan City around 01:40,000 won as the purchase price for sex.

As a result, the defendant induceds children and juveniles to commit the sex of children and juveniles.

Summary of Evidence

1. The defendant's legal statement B or C, each protocol of suspect examination of the police involved in C, a statement of the case to be reported;

1. Report on internal investigation - telephone conversations of victims and CCTV verification, and application of Acts and subordinate statutes to report internal investigation (verification of CCTV images generated in areas);

1. Article 13 (2) of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal professional child against criminal facts;

1. Selection of an alternative fine for punishment;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. Purchasing the sex of a child or juvenile with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has a negative impact on children or juveniles whose sexual identity and values are not established, and in the process, it may cause other crimes. As such, it is not easy for the Defendant to offer money and goods and to purchase the sex of a child or juvenile, and there is a high possibility of social criticism.

However, taking into account the favorable circumstances, such as the fact that the defendant was committed in the course of and against mistake, the fact that the defendant was damaged by theft, the defendant's age, sexual conduct, environment, motive leading to the crime of this case, circumstances after the crime, etc., and all of the sentencing factors revealed in the trial process shall be determined as the sentence as ordered.

Criminal facts in the judgment that are sex offenses subject to the registration and submission of personal information.